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Liability Risk and Insurance

Reasonably foreseeable risk of impact

As a result of a skiing accident the claimant sustained injuries which rendered him tetraplegic. He alleged that the ski instructor to whom he was assigned for the duration of his holiday should not have permitted or encouraged him to ski in the off-piste area where the accident occurred. On arrival on their holiday the claimant and his wife were assigned to a group with varying levels of experience. Two days before the accident the claimant had found a relatively easy off-piste run challenging. On the day of the accident the instructor proposed that they ski down a steep off-piste slope with trees. In the course of his descent the claimant lost control and collided with one of the trees.

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